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EB-2 NIW Approved in 36 Days: What It Takes in a Harder Adjudication Environment

  • Writer: Zachary Johnson, Ph.D.
    Zachary Johnson, Ph.D.
  • Jul 15
  • 7 min read

Zachary Johnson, PhD


  • One of our clients recently received an EB-2 NIW approval in 36 days. The petition was led by Immigration CTG, with a Professional Plan and EB-2 NIW Expert Opinion Letter provided by ProfVal.

  • EB-2 NIW approvals are more challenging than ever. EB-2 NIW approval rates have dropped from nearly 96% in FY 2022 to approximately 36% in Q4 FY 2025, based on USCIS I-140 quarterly data. The adjudication environment is harder than it has been in recent memory.

  • There are no guarantees. What petitioners and their attorneys can control is the quality of legal representation and the quality of supporting documentation.

  • This article shares what went into that petition and what it illustrates about the current adjudication environment.




Context: A More Challenging EB-2 NIW Environment

For petitioners, the EB-2 NIW category has become significantly more challenging over the past three years. From FY 2018 through FY 2022, USCIS approved roughly 90 to 96 percent of EB-2 NIW petitions.

That era, unfortunately, has passed.


The chart below shows how approval rates have moved, based on USCIS I-140 quarterly data: 

Period

Approval Rate %

FY 2022

~96%

FY 2023

~80%

FY 2024

~43%

Q4 FY 2025

~36%

 

Source: USCIS I-140 quarterly data (uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data). FY 2022: ~96%. FY 2023: ~80%. FY 2024: ~43%. Q4 FY 2025: ~36%.


Several factors have driven this shift.


Filing volumes nearly tripled between FY 2022 and FY 2024, with USCIS receiving more than 63,000 EB-2 NIW petitions in FY 2024 alone. USCIS has also noted the growing use of NIW requests: per a USCIS fact sheet, the number of NIW petitions nearly doubled from 21,990 in FY 2022 to 39,810 in FY 2023. Adjudicators now apply stricter scrutiny under the Dhanasar framework, particularly on whether the proposed endeavor has a specific, measurable national benefit rather than a general claim.


In Q4 FY 2025, more EB-2 NIW petitions were denied than approved in a single quarter, a first in the category’s recent history. While this environment shows that even strong petitions carry risk, it also demonstrates the greater importance of building a well-prepared, precisely targeted petition.


This article is about a case that was approved in 36 days in 2026.

For a deeper discussion of how these trends affect petition strategy, see ProfVal’s post on navigating the changing EB-2 NIW landscape.


No Guarantees. But Three Core Factors Lead to Stronger Preparation.

No one, not the most experienced attorney or the most thorough document provider, can guarantee an EB-2 NIW approval. USCIS adjudication is discretionary, standards continue to evolve, and each petition is evaluated on its own merits by the officer assigned to the case.   Each officer may have their own biases that can affect approvals, RFEs, or denials – and similar cases presented to different officers may have different outcomes.


Nonetheless, we believe that three core factors position a case well:


  1. Strong petitioner credentials and a well-defined endeavor. A petitioner must meet the EB-2 qualifying criteria. Beyond that, the harder part is demonstrating that the petition meets the three-prong Dhanasar test for the NIW: substantial merit and national importance, the petitioner’s positioning to advance the endeavor, and the benefit of waiving the labor certification requirement. How the petitioner and their endeavor are presented matters, and that is where legal strategy and documentation quality can be decisive.

  2. Capable legal representation. The law firm sets the case strategy, identifies the strongest legal arguments, and leads the petition. In the current environment, legal representation is a necessity for self-petitioners. ProfVal is not a law firm and does not offer legal advice.

  3. Research-based supporting documentation. Since 2019, ProfVal has provided high-quality Business and Professional Plans, Expert Opinion Letters, Salary Assessment Letters, and RIMS II economic analyses, each prepared to address the Dhanasar framework with precision and supported by credentialed, independent experts.


The combination of the three factors above were each present in the case presented below.


EB-2 NIW Approval: Case Snapshot

Outcome:

 EB-2 NIW approved

Processing time:

36 days

Occupation:

 Social Researcher / Policy Analyst

Legal representation:

Immigration CTG — Carmen M. Torres Gonzalez, Managing Attorney

ProfVal services:

 Professional Plan + EB-2 NIW Expert Opinion Letter bundle


The Petitioner’s Profile

The petitioner holds a Ph.D. in Sociology, two master’s degrees, and a bachelor’s degree in Psychology. Their academic background is complemented by more than seven years of postdoctoral professional experience spanning government, international development, academia, and the private sector.

Cross-sector experience included national-level policy advisory work at a Ministry of Labor, consulting engagements with a multilateral development bank, a USAID implementing partner, an international development organization, and a global workforce consulting firm. The petitioner has published a peer-reviewed book chapter and presented at international academic conferences in areas directly related to their proposed endeavor.


The proposed U.S. endeavor was to work as a Social Researcher and Policy Analyst, specializing in applied social research, sociopolitical diagnostics, and evidence-based policy development for public agencies, international cooperation bodies, academic institutions, nonprofit organizations, and private companies seeking to advance gender equity and labor inclusion.


The Role of Legal Representation: A Necessary Foundation for EB-2 NIW Approvals


In a petition, the law firm is the pilot. For self-petitioners, we believe that legal representation is essential. ProfVal is not a law firm and does not offer legal advice. In the current adjudication environment, that distinction matters more than ever.


The petition was developed and filed by Immigration CTG, a nationwide U.S. immigration law firm led by Carmen Torres, Managing Attorney. Licensed in Texas and Puerto Rico and admitted before the U.S. Courts of Appeals for the First and Fifth Circuits, Ms. Torres brings substantial experience in employment-based immigration and a reputation for personalized, strategy-driven representation.


Immigration CTG set the overall case strategy, determined which legal arguments to lead with, and directed how the supporting documentation should be structured and positioned. ProfVal’s role was to execute against that strategy: providing a Professional Plan and EB-2 NIW Expert Opinion Letter that were case-specific, evidence-based, and built to reinforce the legal framework developed by the Immigration CTG team.


The 36-day approval reflects the quality of the petitioner, legal strategy, and the documentation that supported it.


The EB-2 NIW Professional Plan

ProfVal’s EB-2 NIW Professional Plans are structured to address the Dhanasar framework in full, following the case strategy developed by the attorney and the specific plans of the petitioner. In this case, the plan was built to present the proposed endeavor, its alignment with U.S. national interests, the petitioner’s qualifications to advance it, and the argument for waiving the labor certification requirement.


A Professional Plan from ProfVal is an authentic representation of the petitioner’s true intent. We develop it in collaboration with the petitioner and attorney, adding depth, sourcing, and an approach developed through experience across thousands of cases. The plan connected the petitioner’s work to key areas of national importance substantiated with data from the U.S. Bureau of Labor Statistics, the U.S. Government Accountability Office, and federal policy frameworks including the Foundations for Evidence-Based Policymaking Act.


“Our goal was to present the proposed endeavor in a detailed and evidence-based manner while demonstrating how the petitioner’s interdisciplinary background and prior accomplishments positioned them to deliver meaningful benefits across public, nonprofit, academic, and private-sector settings.”

— Maialen, Business Plan Lead, ProfVal


The EB-2 NIW Expert Opinion Letter

The EB-2 NIW Expert Opinion Letter was authored by a U.S.-based professor with a doctoral degree from a leading Ivy League research university, more than 40 peer-reviewed publications, and an established record of applying social science research to complex policy environments. The expert’s disciplinary background aligned directly with the substantive areas of the petitioner’s proposed endeavor.


The letter independently evaluated the petitioner’s academic credentials, professional experience, and proposed work against the Dhanasar prongs. It addressed the substantial merit and national importance of the proposed endeavor, the petitioner’s positioning to advance it given their interdisciplinary toolkit and demonstrated track record, and the case for waiving the labor certification requirement.


“The expert highlighted the distinctive ability to combine advanced sociological research, policy-development experience, and quantitative data-analysis skills to address persistent workforce and social challenges. This helped reinforce both the capacity to advance the endeavor and the broader national value of the proposed contributions.”

— Jaume, Operational and Intake Lead, ProfVal


What This 2026 EB-2 NIW Approval Illustrates

This approval reflects precisely what the EB-2 NIW was designed for: a petitioner with cross-disciplinary credentials and a well-defined endeavor that will strengthen the United States. The combination of a Ph.D. in Sociology, two master's degrees, advanced data analytics training, and more than seven years of cross-sector policy experience represents an uncommonly strong foundation for the proposed work.


For petitioners with profiles like this one, the current environment is challenging, but not closed. With capable legal representation and well-prepared documentation, strong cases continue to be approved. This case points to several considerations worth keeping in mind:


  • Field flexibility. EB-2 NIW cases are not limited to STEM fields. A well-argued case demonstrating substantial merit, national importance, and a clear path to execution can succeed across a broad range of occupations. See also ProfVal’s post on understanding national interest in EB-2 NIW petitions.

  • Coordinated documentation matters. The Professional Plan and Expert Opinion Letter were developed together as a coherent evidentiary package, building a consistent narrative across both documents from shared guidance of the law firm.

  • Independent expert assessment provides key support. A credentialed expert who can contextualize the petitioner’s qualifications and the national importance of the proposed endeavor adds a layer of analysis that strengthens the overall record.


Working with ProfVal

ProfVal provides supporting documentation for employment-based immigration petitions, working alongside attorneys to execute their case strategy. Our core services for EB-2 NIW petitions include:


 

The Professional Plan and Expert Opinion Letter are available as a coordinated bundle, developed together to ensure a consistent evidentiary narrative at a combined savings.


ProfVal is a proud repeat sponsor of AILA and has supported petitioners associated with more than 1,000 law firms since 2019. Our clients have received approvals across a wide range of fields including art, science, business, medicine, computer science, and social research.


If you are an attorney building an EB-2 NIW petition and would like to discuss how ProfVal can support your case strategy, contact us through our attorney page.

 

Nothing in this article constitutes legal advice. ProfVal is not a law firm.

 
 
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